The Republican journal. [volume] (Belfast, Me.) 1829-current, 1887-04-21
Conflict or Authority In . Liquor Case.

In the Superior Court at Augusta 18th inst. the
case of the State VS.. Reuben c. Hall Of Gardiner,
for keeping liquor nuisance, was on trial, and
one of the witnesses called was Deputy Collector
of Internal Revenue Thomas F. Murphy, to testify
dealers special tax. The witness refused to fur
nish any evidence or information whatever in re-
gard to the payment of the tax by the respondent
on the ground that as public officer he could not
feel justified in doing that which might tend to
ducc the collections of internal revenue in his dis
trict Mr.. Murphy said he was acting under H.
structiOns from Collector Redman. The court
ordered an attachment against the witness being
in contempt of court and ordered him into the
custody of the sheriff. taking his own recognizance
until 10 O'Clock Thursday morning. At that time
he again refused to testify and Judge Whitehouse
ordered him committed for contempt of court but
suspended the action of the mittimus until 10 A. NJ
Friday, the prisoner meanwhile remaining in Gus.
tody of the sheriff, to give him an opportunity to
Webb of the United States district court at Port
land. His counsel forwarded the necessary papers
! that afternoon. Meanwhile Collector Redman had
was acting under instructions from himself and
the Commissioner of Internal Revenue and re-
sssehh the dge to dsGharge the
held Friday afternoon. Mr.. Murphy was in attend
ance, in custody of the sheriff District Attorney
Bird made brief argument going over the grounds
| on which the petition was asked. Judge Webb In
giving his decision referred to Section 755, United
states Revised Statutes, which provides that the
Judge to whom application is made for a writ Of
from the petition itself that he is not entitled to it.
Judge Webb said that in this case the petition
! shows that Murphy is not entitled to a writ OF
| habeas corpus, and he should therefore deny the
petition. District Attorney Bird gave notice of an
| appeal to the United States Supreme Court.
In the Superior Court at Augusta Saturday morn
ing Judge Whitehouse stated that Mr. Murphy had
awaited himself of the opportunity afforded him to
| test the question of his duty in this case and al
reasonable lenity had already been extended tc
witness but he would give MIR. Murphy another op
portunity till Tuesday morning to purge himself OF
contempt, he meanwhile being allowed to go on his
| own recognZance. Unless Mr.. Murphy then testi
fes he will be ordered to jail The Judge will moi
entertain motion to transfer the case to the United
States Circuit Court by changing the form Of the
papers;
Monday Collector Rcdman was summoned as
witness and arrived in Augusta that evening. Next
morning when called to the witness stand he pro
| duced telegram of instructions from Commits
sioner Miller, in which he was authorized to deny
the authority of the court to compel the production
of records or copies of them and also to instruct
| Deputy Collector Murphy to that effect Mr.. Muir
ply called but refused to give testimony as to
his records that he had received payment of tax
or delivered stamp. District Attorney Bird, who
appeared AS counsel for Messrs. Redman and Muir
| ply, argued that the business of the revenue
department would be greatly injured and the time
| Oh inc olilclals occupied II they were obliged tC
| testify in State courts relative to special taxes
Judge Whtehouse ordered Mr.. Murphy to Jail hui
at the request of Mr.. Bird he was given until . r.
NJ. to refresh his memory from the records and
purge himself of contempt
At the afternoon session the Judge directed the
clerk to prepare mittimus for the Incarceration
of Mr.. Murphy in jail as he refused to purge him
self of contempt. District Attorney Bird here sta
ted that they were willing to produce all the evil
dencc i'll their possession, but the records certfi
ed copies. The Court asked if they were willing
to make extracts from the record to refresh wit
ness memory. Mr.. Bird replied that that might
be- fair inference if by extracts he meant copies
Arson &. Goddard, Esq, was the next witness call
ed lie presented verified copy o: the record ir
| Collector Redmans office, showing the payment OF
a special tax by respondent. The evdencc was ad
mtted by the Court.
Mr.. Murphy remained in the court room during
the afternoon in the custody of the sheriff, and a,
545 p. NJ went to Jail, where he will remain during
| the session of court unless sooner removed by lie
gal steps or he consents to testify. Meanwhile the
| United states authorities will make strenuous eff
forts to have him removed. Mr. Murphy claims
that he has purged himself of contempt. Collector
Redman asked the court to adjudge him friedman
guilty of contempt but was refused. The matter
creates great interest, especially among those in
telested in the temperance law.